His lawyers asked the judge, Col. Jeffery Nance, on Tuesday to dismiss the prosecutors. Defense attorney John Henry Browne told The Associated Press that Nance sent a brief email Wednesday denying their motion.

Last month, the judge accidentally sent the prosecutors compelled statements Bales made to Army psychiatrists ó and they read it, even though Balesí lawyers said they should have known better.

The statements were protected by Balesí Fifth Amendment rights and canít be used against him.

Bales faces life in prison with the possibility of parole, or without it.